FEATURE ARTICLE:
LOGISTICS OF COLLECTING FEES FOR MOTIONS
IMPOSE EXPENSE IN TIME ON COURTS AS WELL AS LAWYERS, TO THE POINT
EVEN OF OFFSETTING THE FEES COLLECTED
- Special Problem for Collection Lawyers
- Again the Issue of Filing Settlements
- Guardians and Other Court-Appointed Personnel
Exempted from Having to Pay Motion Fees
- Motion Fee in Addition to Special Proceeding Fee?
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New
Laws:
NEW LAW—TIMING SUBPOENA DUCES
TECUM
Subpoena Copy Must Be Served on Party
Be and So Timed That Party Receives It Before Goods Are Produced
General
Practice Points:
FEDERAL v. NEW YORK ARBITRATION
Federal One-Year Period for Confirming Award Is Strict Statute of Limitations,
Not Flexible Precatory Period
IMPACT OF 2% MONTHLY INTEREST
Decade Delay by P's No-Fault Insurer in Paying P's $41,000 Judgment Invokes
2%-Per-Month Penalty and Produces $400,000
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SELF-INCRIMINATION
D's Failure to Answer Any of Complaint's Allegations on Self-Incrimination Grounds
Brings P Summary Judgment
SMALL CLAIM FRUSTRATION
Divided Appellate Term Bars Any Small
Claims Recovery for Medical Malpractice Plaintiff for Want
of Expert Testimony
JUDGMENT LIENS
Renewal of 18-Year-Old Judgment Secures New 10-Year Lien on Defendant's
Real Property
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